New York Paid Family Leave: What Employers Should Know

The New York State Paid Family Leave (PFL) program provides up to 12 weeks of job-protected leave to full-time and part-time employees for certain qualifying reasons. Covered employers – including any private employer with one or more employees working in New York state – are required to carry NYS PFL insurance coverage, a rider to their existing NYS DBL insurance. Employers may also have the option to self-insure.

What are the Rules for Paid Family Leave in NY?

Employees who regularly work 20 hours or more each week will become eligible for NYS PFL after working 26 consecutive weeks for their covered employer. Employees who regularly work less than 20 hours per week will become eligible after working 175 days, which do not need to be consecutive when employed by a covered employer.

Employers are required to provide employees who are not expected to be eligible for PFL coverage with an opt-out PFL waiver. For more information about the opt-out waiver and the process for requesting PFL leave, employers are encouraged to review the sample forms and final regulations which may be accessed on the NYS Paid Family Leave website.

NY State PFL provides protections for employees while on a covered leave of absence, to include:

• Job protection: Employees are entitled to return to the same (or comparable) job when they return from PFL.
• Health insurance: While on PFL, employees can keep this benefit under the same terms as when working.
• Prohibited: Employees may not be discriminated or retaliated against by employers for requesting or taking PFL.

Who is Eligible for Paid Family Leave in NY?

Individuals who are experiencing or plan to experience any one of the following circumstances might be eligible for paid family leave in New York.

• Bonding with newly born, adopted, or fostered child within 12 months of the birth or placement
• Caring for a covered family member with a serious health condition
• Dealing with certain exigencies arising when a covered family member is called to active military service in a foreign country

Paid Family Leave in New York also might be available for use for COVID-19-related purposes. Additional details are available about job protection and compensation if an employee or their minor dependent child must quarantine or isolate.

Who Pays for NY State Paid Family Leave?

New York State Paid Family Leave is an insurance program that may be funded exclusively by employees through payroll deductions. However, employers may choose to cover the cost of PFL insurance premium payments, and not deduct contributions from employees.

The contribution rate in 2024 decreased again this year and is 0.373% of an employee’s gross wages per pay period, with an annual contribution cap of $333.25. This is a little more than $66 less than in 2023. However, any employee who earns less than the Statewide Average Weekly Wage (SAWW) of $1,718.15 should contribute less than the maximum amount consistent with their actual wages.

For example, an employee earning the SAWW of $1,718.15 per week ($89,000 annually) in 2024 will pay about $6.40 per week ($1,718.15 x 0.373%) until they reach the cap.

How Much Does an Employee Receive for NY PFL?

Employees who take NY PFL will receive 67% of their average weekly wage, up to a cap of 67% of the SAWW. So, the maximum weekly benefit in 2024 is $1,151.16.

For 2025, the maximum weekly benefit will be $1,177.32, a little more than $26 more than the previous year.

Looking Forward

Employers seeking a mix of benefits to help attract and retain talent can look to Paychex as a resource. We offer time-tracking solutions and HR Services that can help your business run more efficiently and help enhance engagement with employees.

Additional Resources

• NY state Paid Family Leave updates